Statement of Principles concerning adjustment disorder No. 58 of 1996

Overview

The Veterans’ Entitlements Act 1986, enacted by the Australian Parliament, addresses the need to provide appropriate recognition and compensation for veterans who suffer from injuries or illnesses related to their service. This legislation, through its various provisions, seeks to ensure that veterans receive the support they need for conditions that arise from their military service. One specific legislative instrument, Instrument No. 58 of 1996, concerns the determination of a Statement of Principles about adjustment disorder and death from adjustment disorder, which is administered by the Repatriation Medical Authority. The policy objective of this instrument is to establish the criteria and factors that link adjustment disorder, diagnosed under specific ICD codes, to the circumstances of a veteran's relevant service, ensuring that those affected can access the necessary entitlements and support. The Statement of Principles outlines the medical and scientific evidence supporting the connection between adjustment disorder and service-related stressors, aiming to provide clarity and facilitate the assessment of claims. This legislative instrument underscores the commitment to acknowledging and addressing the mental health impacts on veterans, contributing to their overall well-being and recognition of their service.

Scope and Application

The Statement of Principles concerning Adjustment Disorder ICD Codes: 309.0, 309.1, 309.24, 309.28, 309.3, 309.4, 309.9, determined under the Veterans’ Entitlements Act 1986, applies specifically to veterans and members of the Australian Defence Forces who have developed adjustment disorders as a result of their service. This Statement of Principles addresses adjustment disorders, which manifest as clinically significant emotional or behavioural symptoms in response to identifiable stressors occurring within three months of the stressor and not persisting for more than six months after the stressor has ceased. It is important to note that these disorders must not meet the criteria for another specific psychiatric disorder and must be related to service, as determined by the Repatriation Medical Authority. This legislative instrument encompasses the identification and definition of adjustment disorder, its connection to service, and the criteria necessary for the diagnosis to be considered service-related. The scope of this Statement is limited to veterans and members of the Defence Forces and does not extend to other individuals or entities outside these groups. This Statement of Principles is a specific application of the broader Veterans’ Entitlements Act 1986, which governs the entitlements of veterans and their families in Australia. The jurisdiction of this legislation is national, applying across all states and territories in Australia, as it is a Commonwealth Act. The Statement of Principles does not explicitly mention exclusions or exemptions, but its application is inherently restricted to those who meet the criteria of having experienced service-related stressors leading to adjustment disorders. The determination of service-related adjustment disorders may be further extended or clarified through subordinate instruments or amendments to the Act, ensuring the provision of appropriate entitlements and support to affected veterans and members of the Defence Forces.

Key Provisions

The key sections of this Statement of Principles (C2010L00057) detail the determination of the conditions under which adjustment disorder and death from adjustment disorder can be considered related to relevant service for the purposes of the Veterans’ Entitlements Act 1986. This Statement of Principles (paragraph 1) is established under subsection 196B(3) of the Act and concerns the diagnosis and criteria for adjustment disorder, defined in paragraphs 2 and 5. The Repatriation Medical Authority has determined that adjustment disorder can be related to relevant service based on the available medical-scientific evidence (paragraph 3). The factors that must be related to any relevant service rendered by the person are outlined in paragraph 5, which include experiencing an identifiable psychosocial stressor or stressors within three months before the clinical onset or worsening of adjustment disorder, or the inability to obtain appropriate clinical management for adjustment disorder. The obligations imposed by this Statement of Principles primarily involve the criteria that must be met to establish a connection between adjustment disorder and relevant service. For a claim to be considered, the individual must demonstrate that one of the specified factors, such as experiencing an identifiable psychosocial stressor within three months before the onset or worsening of adjustment disorder, was related to their service (paragraph 5). The claim must also be supported by sound medical-scientific evidence that ties the adjustment disorder to the service (paragraph 3). Additionally, if the adjustment disorder was suffered or contracted before or during service, paragraphs 5(b) to 5(c) apply only to material contribution to, or aggravation of, adjustment disorder (paragraph 6). Failure to meet the criteria outlined in this Statement of Principles can result in the denial of a claim for adjustment disorder related to relevant service. While the Statement of Principles does not explicitly detail offences, penalties, or consequences for breach, under the Veterans’ Entitlements Act 1986, providing false information for the purpose of making a claim can be considered an offence. Such offences may lead to criminal penalties, including fines and imprisonment, as prescribed by the Act. Furthermore, the Repatriation Medical Authority has the authority to impose civil penalties for non-compliance with the provisions of the Act. The specific penalties would be determined based on the nature and severity of the breach, as outlined in the relevant sections of the Act.